When it comes to family law in Utah, one of the most common questions we encounter at Ellsworth Law Firm involves alimony—particularly, when alimony can be modified or terminated. If you or someone you know is paying alimony, it’s important to understand how a change in circumstances, such as cohabitation, might impact alimony obligations.
What is Alimony?
Alimony is financial support that one spouse may be ordered to pay to the other following a divorce. Its purpose is to maintain a standard of living similar to what was experienced during the marriage. In Utah, alimony orders can be long-term or temporary, depending on the circumstances of the divorce.
How Can Alimony Be Terminated or Modified?
In Utah, alimony can be modified or terminated under specific conditions, such as a significant change in the financial situation of either party or if the receiving spouse remarries or cohabitates.
Cohabitation is one of the main reasons for terminating alimony, and understanding what qualifies as cohabitation under Utah law is crucial.
What Does “Cohabitation” Mean?
Under Utah law, cohabitation is defined as two individuals living together in a romantic or sexual relationship, sharing a residence and responsibilities similar to a married couple. However, proving cohabitation is not always straightforward. It’s more than just spending time at someone’s home—it involves sharing daily life, expenses, and a home together.
Recent Case Example: Kinsey v. Kinsey
A recent Utah Court of Appeals case, Kinsey v. Kinsey (2024), highlights the complexity of proving cohabitation. In this case, Glen Kinsey sought to terminate his alimony obligations by claiming his ex-wife Julie was cohabitating with another man. Glen presented evidence showing that Julie spent several nights at her boyfriend’s home. However, the court ruled against him, determining that Julie and her boyfriend did not share finances or household responsibilities, and Julie had no key to her boyfriend’s residence. This case emphasizes how Utah courts consider many factors beyond just staying overnight to determine whether cohabitation has occurred.
What Factors Do Courts Consider?
In alimony modification cases involving cohabitation, Utah courts will examine:
- Shared Residence: Are the parties living together on a regular basis?
- Shared Finances: Do they share bank accounts or pay each other’s expenses?
- Length of the Relationship: How long have the individuals been together, and do they behave similarly to a married couple?
- Household Responsibilities: Are they making decisions together and sharing responsibilities like a married couple would?
If the court determines that cohabitation is similar to marriage, alimony can be terminated.
Protecting Your Rights
Whether you are paying or receiving alimony, it’s essential to understand how a change in your living arrangements could impact your legal and financial obligations. At Ellsworth Law Firm, we specialize in helping individuals navigate complex family law issues, including alimony modification. Our experienced attorneys can help you understand your rights and guide you through the legal process.
Contact Ellsworth Law Firm Today
If you are facing alimony modification issues or need advice on how cohabitation might affect your case, contact Ellsworth Law Firm today. We offer comprehensive family law services and are committed to providing personalized, results-driven representation.
